NCJ Number
191275
Journal
Police: The Law Enforcement Magazine Volume: 25 Issue: 7 Dated: July 2001 Pages: 64-66
Date Published
July 2001
Length
3 pages
Annotation
This article explains the steps that police officers should take to establish a suspect’s constructive possession of contraband such as drugs and firearms.
Abstract
Constructive possession involves knowingly having both the power and intention at a given time to control an object either directly or through another person or persons. Jurisdictions vary regarding what the prosecution must prove to establish constructive possession. However, all jurisdictions recognize that illegal contraband often is constructively possessed to avoid detection and liability. Therefore, arresting officers should always document facts, statements, and observations that will help tie the arrestee to the illegal contraband. Officers should document any statements the defendant makes acknowledging possession and any flight or evasive behavior by the defendant. Officers should recover, inventory, and document proof of residency when they recover narcotics or weapons from a defendant’s residence. They should precisely describe any suspicious movements or behavior by the defendant. Overall, they should recognize that the recovery of contraband and arrest of an offender are only the beginning and that they need a good working knowledge of criminal law and procedure. Photographs